Is Ihram obligatory for one who intends to enter the Haram for repeated necessity, such as gathering fodder or firewood, or managing an estate?
General Chapter
Al-Mughni
Book of Hajj
Primary text
No Ihram is required for those who enter the Haram area for permissible combat, reasons of fear, or for needs that require repeated entry and exit, such as gatherers of fodder or firewood, or those managing an estate requiring frequent entry. The evidence is that the Prophet (PBUH) entered Mecca on the Day of the Conquest (Fath) while 'halalan' (unrestricted/not in Ihram), wearing armor, and the Companions did likewise without assuming Ihram. Imposing Ihram on every person with repeated entry would lead to them being in Ihram perpetually, which is waived due to hardship (Haraj). Al-Shafi'i holds this view.
Supporting text
Abu Hanifa states that no one is permitted to enter the Haram without Ihram, except for those whose homes are before the Miqat, because crossing the Miqat with the intention of entering the Haram necessitates Ihram, just like any other person.